Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11154 of 2026 Arising Out of PS. Case No.-393 Year-2025 Thana- Arwal District- Arwal ====================================================== Ashutosh kumar Son of Amod Sharma @ Amod Kumar Singh R/o Village - Ekwari, P.S. - Sahar, Bhojpur, Bihar - 802208. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj, Advocate For the State :
Mr. Bhart Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2026 Heard Mr. Harsh Anuj, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Arwal P.S. Case No. 393 of 2025 registered for the offence punishable under Sections 309(4) of the B.N.S., lodged on 25.10.2025 by the informant Prince Kumar.
3. As per the prosecution story, the informant alleged that he is the Manager of Bhaskar Petrol Pump Service Centre and on 24.10.2025 when alongwith his staff Ritu Kumar was going the deposit the sale amount of the Petrol Pump (Rs.1,08,000/-) to the Union Bank of India, Arwal Branch, a motorcycle bearing Registration No.BR-56-B-8233 overtook and snatched the amount. Later, the informant followed the
Patna High Court CR. MISC. No.11154 of 2026(5) dt.08-07-2026 2/3 accused and near Sahar Bridge tried to intercept but they managed to escape, the motorcycle was left behind which was seized by the Police. This led to the F.I.R.
4. In the case, the coordinate Bench had called for the case diary and learned State counsel has taken this Court to the confessional statement of Rajnish Kumar according to whom, alongwith this petitioner, Om Prakash and Kamal Kishore Singh, they used to indulge in criminal activity and on the fateful day, they overtook and snatched Rs.1,08,000/-. As they were trying to escape, the informant raised alarm and followed them forcing the accused to leave the motorcycle and escape. Later, the Grandfather of one of the accused claim handed over Rs.1,08,000/- to the Arwal Police.
5. Learned counsel for the petitioner submits that contrary to this confession made by the said accused Rajnish Kumar, the actual story is that the motorcycle of one of the accused was stolen for which their family members went to the Police Station a day before. However, the F.I.R. was not lodged. Further, the forced confessional statement has got no merit. The petitioner is a student and preparing for the competitive examination.
6. Learned APP Mr. Bharat Bhushan opposes the
Patna High Court CR. MISC. No.11154 of 2026(5) dt.08-07-2026 3/3 prayer submitting that the informant managed to chase the motorcycle which forced the accused to leave it and escape. Further, the confessional statement makes it clear that petitioner was one of the accomplice when the alleged robbery took place. The last submission is that the story created by the petitioner about theft of motorcycle and/or high handedness of the Police has never been reported either to the Senior Police Officials or to the Human Rights Commission and it is an alibi which is fit to be rejected.
7. Considering the submissions of the parties aforesaid as the allegation that has come against the petitioner, certainly, this is not a fit case for grant of anticipatory bail, accordingly, the anticipatory bail application stands rejected. (Rajiv Roy, J) vinayak/- U T